[Federal Register Volume 73, Number 80 (Thursday, April 24, 2008)]
[Notices]
[Pages 22165-22166]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-8908]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Second Amendment to a Consent Decree Under 
the Clean Air Act

    Notice is hereby given that a proposed Second Amendment (Second 
Amendment) to the Consent Decree previously entered in United States v. 
Tampa Electric Co., Civil Action No. 99-2524-T-23F, was lodged with the 
United States District Court for Middle District of Florida.
    In this action the United States alleged that Tampa Electric failed 
to comply with the requirements of the Clean Air Act at two coal-fired 
electric generating plants, known as Big Bend and Gannon Stations. 
These violations allegedly arose from the company's failing to seek 
permits prior to making major modifications to parts of these 
facilities and by failing to install appropriate pollution control 
devices to reduce emissions of air pollutants from those facilities. 
Those two stations are located in Hillsborough County, Florida, near 
the City of Tampa. (Gannon Station also is now known as Bayside 
Station.)
    The civil action was resolved in October 2000, through a Consent 
Decree entered by the District Court; that Decree was amended by 
consent of the parties in 2001; that amendment also was entered as an 
order of the District Court.
    The Second Amendment, proposed here, would make a number of 
adjustments to the extant Consent Decree and would resolve some 
disputes between the parties; in sum, the Second Amendment would: (1) 
Adopt a method of measuring certain emissions of oxides of nitrogen--an 
air pollutant--more in line with the method used for measuring that 
pollutant in subsequent consent decrees which the United States entered 
into with owners and operators of other coal-fired electric generating 
units; (2) resolve a dispute between the parties involving operation of 
continuous emissions monitors for the pollutant known as particulate 
matter; (3) set for certain units the emission rate for oxides of 
nitrogen, within the range of rates established for those units under 
the original Decree; and (4) explain further the treatment given under 
Decree to certain allowances that may relate to the emissions of oxides 
of nitrogen.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the Second 
Amendment. Comments should be addressed to the Assistant Attorney 
General,

[[Page 22166]]

Environment and Natural Resources Division, and either e-mailed to 
[email protected] or mailed to P.O. Box 7611, U.S. 
Department of Justice, Washington, DC 20044-7611 and should refer to 
United States v. Tampa Electric Co., D.J. Ref. 90-5-2-1-06932.
    The Second Amendment may be examined at the Office of the United 
States Attorney, Middle District of Florida, 400 North Tampa Street, 
Suite 3200, Tampa, Florida 33602, and at U.S. EPA Region 4, Office of 
Regional Counsel, 61 Forsyth Street, SW., Atlanta, Georgia 30303. 
During the public comment period, the Second Amendment may also be 
examined on the following Department of Justice Web site, http://www.usdoj.gov/enrd/Consent_Decrees.html. A copy of the Second 
Amendment may also be obtained by mail from the Consent Decree Library, 
P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044-7611 or 
by faxing or e-mailing a request to Tonia Fleetwood 
([email protected]), facsimile No. (202) 514-0097, telephone 
confirmation number (202) 514-1547. In requesting a copy from the 
Consent Decree Library, please enclose a check in the amount of $3.75 
(25 cents per page reproduction cost) payable to the U.S. Treasury or, 
if by e-mail or facsimile, forward a check in that amount to the 
Consent Decree Library at the stated address.

Thomas A. Mariani, Jr.,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
 [FR Doc. E8-8908 Filed 4-23-08; 8:45 am]
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